Tag: Nelson Mandela Rules

Suara Rakyat Malaysia (SUARAM) condemns the death of Benedict A/L Thanilas in Jinjang Detention Centre on 10 July 2017.

Benedict A/L Thanilas was 44 years old and was detained for investigation under the Dangerous Drugs (Special Preventive Measures) Act 1985. He was unconscious when he was brought to the hospital 6.06AM in the morning. At the time of the family’s arrival at the hospital at around 10AM in the morning, they were informed that Benedict had passed away.

The death of Mr. Benedict marks the 9th known case of death in custody in 2017 and 7th known death in police detention for 2017. His death is also the first known case of death during detention without trial under the Dangerous Drugs (Special Preventive Measures) Act 1985.

Death in custody is the gravest human rights violation a state can inflict upon any individual and their family. The deprivation of life without the due process of the law violates all known international law and human rights principles and it is a direct violations of individual rights under Article 5 of the Federal Constitution of Malaysia.

Furthermore, the court has ruled in the case of P. Chandran that the health of detainees while they are under detention by the police is the full responsibility of the Royal Malaysian Police. This is in-line with the international standards outlined in the Nelson Mandela Rules and it is an international standard that cannot be dismissed by the enforcement agency on a whim.

In light of the unabated cases of death in custody in the recent months, SUARAM calls for the resignation of the Inspector-General of Police for his poor track record in mishandling cases of death in police custody and the repeated failure in preventing and mitigating the issue of torture and death in police custody.

SUARAM reiterate our demand for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) to investigate into possible misconduct by the Royal Malaysian Police and for a transparent investigation to take place immediately. The police officers responsible for the well-being of the detainee must also be suspended pending the said investigation.

The two were arrested on 19th June 2017 for allegation of shoplifting. They subsequently pleaded guilty and was sentenced to a day of imprisonment under Section 380 of the Penal Code on 22nd June 2017 (with sentence to start at 12AM, 22nd June 2017). Despite being sentenced to 1 day of imprisonment, they were not released at the designated time and were brought to Kluang Prison to ‘serve’ their sentence.

Family member who contacted the prison officials were informed that the two cannot be released as their passport were not with them at the prison. Additional queries directed to the prison officials were returned with information that the Immigration Department of Malaysia has issued orders for the two to be detained. Prison officials also claim that in these situations the procedures outlines that prisoners are only to be transfer to immigration detention on Tuesdays and Thursdays.

There is no legitimate ground for these individuals to be subjected to additional detention by the prison department and immigration department. Their detention can only be described as an underhanded method utilized by the Prison Departmen to illegally detained individuals beyond the ambit of the law. The illegal detention of Ms Quek and Ms Cheryl for the past 5 days represents a direct violation of Article 5(1)1 of the Federal Constitution and a violation of Article 3 of the Universal Declaration of Human Rights2.

In addition to their illegal detention, SUARAM was informed by the family of Ms. Quek that she suffers from a dislocated shoulder since the time of her arrest and have not been provided any medical attention. The failure to provide adequate medical attention is a violation of Rule 273 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

SUARAM reiterate our condemnation of the detention of Ms. Quek and Ms. Cheryl and call for their immediate release!

In SolidaritySevan Doraisamy
Executive DirectorSUARAM

1 No person shall be deprived of his life or personal liberty save in accordance with law